| University Sq. San Antonio, Tx. LLC v Mega Furniture Dezavala, LLC |
| 2023 NY Slip Op 05816 [221 AD3d 1454] |
| November 17, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| University Square San Antonio, Tx. LLC,
Respondent, v Mega Furniture Dezavala, LLC, et al., Appellants, et al., Defendants. |
Barclay Damon LLP, Buffalo (Michael E. Ferdman of counsel), for defendants-appellants.
Harris Beach PLLC, Pittsford (Dale A. Worrall of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (Victoria M. Argento, J.), entered November 4, 2022. The order, inter alia, denied the motion of defendants-appellants for summary judgment and granted the cross-motion of plaintiff for, among other things, summary judgment on its first and second causes of action.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Lindley, Ogden and Nowak, JJ.